Derbyshire County Council (22 009 044)

Statement Upheld Special educational needs 02-Apr-2023

Summary: There was fault by the Council, because it did not properly consider how support required by two children’s education, health and care plans would be funded. This meant the complainant had to provide the support instead. The Council also failed entirely to commission input from an educational psychologist for one of the children, despite this also being a requirement of their plan. And the Council wrongly told the complainant it could not offer a remedy for these faults. The Council has agreed to offer the complainant financial remedies for the different faults, and also to take steps to improve its complaint handling.

Derbyshire County Council (22 007 781)

Statement Upheld Special educational needs 25-Apr-2023

Summary: There was fault in the Council failing to provide Miss X’s son suitable alternative education while he was not in school. This has caused Miss X an injustice because she now has the uncertainty of how this has impacted her son’s education. The Council has already apologised for this and has agreed to pay Miss X a financial remedy to recognise her injustice.

Derbyshire County Council (22 005 438)

Statement Upheld Special educational needs 26-Apr-2023

Summary: Mr X complains that the Council delayed in finding a suitable residential school for Mr Y and failed to make appropriate education provision for him. The delay of 16 months in finding a suitable residential placement for Mr Y is service failure and fault. The Council is also at fault as it failed to make sufficient education provision for Mr Y which meant he did not receive enough education and caused distress to Mr and Mrs X. The Council will remedy the injustice to Mr Y by making a payment to him to acknowledge he did not receive sufficient education provision and a payment to Mr and Mrs X to acknowledge the distress caused.

Derbyshire County Council (23 000 606)

Statement Upheld Assessment and care plan 16-May-2023

Summary: We will not investigate Mrs B’s complaint about lack of support given to her late mother-in-law’s, Mrs C’s, family. This is because the Council has acknowledged its failings and apologised. We are satisfied this remedies the injustice caused by the fault.

Derbyshire County Council (22 009 074)

Statement Upheld Special educational needs 01-Jun-2023

Summary: Mr X complained about the Council’s assessment and handling of his son’s support needs, and about delays handling his complaints. Mr X said it caused distress and put strain on his son because of numerous reassessments. We find the Council at fault for delays in the statutory complaints procedure. We are satisfied the Council has already accepted these faults and remedied the injustice to Mr X.

Derbyshire County Council (23 000 380)

Statement Upheld Other 07-Jun-2023

Summary: We have upheld this complaint because the Council delayed considering a complaint under the children’s statutory complaints procedure. The Council has now agreed to resolve the complaint by arranging a stage three panel by the end of June, apologising to the complainant and offering to make a payment to them to remedy the time and trouble they have been too.

Derbyshire County Council (22 012 010)

Statement Upheld Special educational needs 12-Jun-2023

Summary: Mrs B says the Council failed to put in place provision in her son’s education, health and care plan, failed to provide oversight of her son’s education other than at school programme, delayed issuing an education, health and care plan following the annual review and failed to properly consider her complaint. The Council delayed addressing missing provision in the education, health and care plan, failed to properly oversee the plan to ensure the provision was in place and delayed completing an annual review. The Council delayed considering the complaint but there is no evidence it failed to properly consider it.

Derbyshire County Council (22 005 444)

Statement Upheld Disabled children 25-Jun-2023

Summary: Mr X complains that Mr Y’s placement was not suitable for his needs. There is no evidence of fault in how the Council made its decision that a care placement was suitable for Mr Y and in how it considered safeguarding concerns. There is also no evidence of fault in how the Council reached its decision to start public law outline proceedings. The Council is at fault in how it dealt with Mr X’s complaint as it did not consider it through the children’s services statutory complaints procedure. The Council will apologise to Mr and Mrs X for denying them the opportunity to have their complaint considered through the statutory complaints process and for the frustration caused.

Derbyshire County Council (22 009 089)

Statement Upheld Special educational needs 04-Jul-2023

Summary: Ms X complains the Council failed to secure the education provision on her son H’s Education, Health and Care Plan, failed to amend the Plan, or complete any post-16 transition assessments. We find fault with the Council for failure to complete reviews or amend the Plan. We have agreed remedies for Ms X’s avoidable frustration, time and trouble and for H’s lost provision. We have also agreed service improvements.

Derbyshire County Council (22 014 257)

Statement Upheld Special educational needs 10-Jul-2023

Summary: Miss X complained the Council had not ensured her son, Y, could attend college. She said the medical training required to support Y to attend college had not been completed. Miss X also complained the Council did not ensure the provision set out in Y’s Education, Health and Care Plan (EHCP) was provided. Miss X said Y had not been able to attend college, which has impacted his mental health. The Council was at fault. The Council has not ensured Y received appropriate college education or received the provision set out in his plan. Y missed college education and provisions set out in his EHCP and Miss X suffered distress dealing with this matter. The Council should apologise, pay a financial remedy and remind its staff of the importance of ensuring education and provision.